The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-05-25
RLY HANGED FOR ANOTHER.
hams the Most Remarkable Case of
Mistaken identity on Record.

Mistaken AOSItb1bI O41 ANCSOIo.
From he Nelc York sun.
~ FRANCISCO, May l0.-The death of
don \. Mott in this city few days ago
Ms an almost forgotten incident in which
eonred in the days when the Caucasian
comparatively new to California Mott
"a here with the first tide of gold hunters
$40 and settled at Auburn, where he en-
red in mining operations. In 1850 the
6nle wanted County Judge, and he was
rta1 70 that place He gave such salts
tion that a year after, when it became
.eeeo,.v to choose Circuit Judge, the APP
o+r1ent fell upon him. While he held this
40 he presided at murder trial which
Teloped one of the most remarkable cases
mistaken identity ever heard of in this
prominent miner in the vicinity of
,vTille had cleaned up 5000 worth of
H and had started for San Francisco,
ere he expected to take ship for his home
the States On the way to this city, and
on not many miles distant from Mary
Il he was attacked by a highwayman,
led and his gold was. taken from him.
hen his dead body was found a few days
or there was intense excitement among
miners, but for time suspicion rested
nm no one Every stranger and every
ii citizen was closely examined to no
b.nose, At length, when the authorities
well nigh given up the idea of capturing
offender, somebody pointed out a
Eperate looking character as the noto-
ms Jim Stewart, man who was
own to be a murderer and thief, and he
arrested. As soon as the word was
Sod around that Jim Stewart was in the
Entity, every one knowing him said he
undoubtedly the man. Just as most
pple had made up their minds that the
1rderer had been taken, and were con-
.ffulating the authorities on the result, it
learned that the prisoner denied he was
ewart. To the Sheriff and to a number
miners who called on him he declared
et he never knew Jim Stewart and that
own name was Tom Berdue. At first his
b,.v was not believed, but in the course of
he men who knew Stewart began to dis
re with each other on the question of
Entity, and the public gave up the prob
IN and turned it over to the court over
hich Judge Mott presided.
kThe trial was the first of much Importance
the State. Berdue was ably defended,
La the prosecuting attorney had two or
|ree assistants. So far as direct evidence
bs concerned there was very little. The
hole thing seemed to turn on the identity
the prisoner. If it was Jim Stewart, then
was guilty and must be hanged. If it was
BIZ Stewart, then the verdict was to be ac-
Initial. For every man produced by the
ate who swore that the prisoner was Stew
II the defense brought forward a man who
sore that he was not Stewart. Twenty-Five
cb witnesses swore on both sides. Many
them explained how they could identify
ewart. One man said he had known Stew
II in the East, and that he had a peculiar
mp on his shoulder, hard substance I'M
b the skin which, nevertheless, was nova
The prisoner was told to lay off his
kat and open his shirt. On his shoulder,
st above the blade, was the identical lump.
rs it there" asked the witness.
Eyes" said the examiners.
#"Then that is Jim Stewart" concluded
e witness, confident it was settled.
81 Other witnesses were equally positive, and
br equally good reasons. 1t was thought
lat the testimony favorable to the prisoner
has so strong that the jury could not con-
let, but in this the outsiders were mistaken.
liter short elaboration the twelve came
Ito court and announced that they had
und the defendant guilty of murder in
e first degree. Judge Mott remanded
be prisoner to, Jail, and fixed a day ten days
advance as the time when he would pass
ntence Of death upon him. On the day
efore this ceremony was to have taken
ace some arrivals from San Fran
sco reported the operations of the
fgilance committee in that city, and
mOng others of its victims included the
anne of the notorious Jim Stewart. Steps
eere at once taken to verify this report, and
was found that the vigilantes had indeed
hken, tried and exterminated the murderer
Ind rCl1t TttAc or 1aA
hg his prisoner from time to time until
here was no longer doubt that Stewart
bad been hanged in San Francisco, and then,
pn motion of an attorney, he gave the de-
endant new trial, and the prosecuting at
orney at once dismissed the case. Tom
Berdue was glad enough to get out of the
bGape. He made his way to San Francisco,
where the story of his adventure had pre-
'Ceded him, and for long time he lived
Comfortably on the donations sympathetic
people made to him..
One of the.witneSseS who Swore that Ber-
'tue was not Stewart now lives in this city,
'bnd he says that the resemblance between
Pie men was most striking. In speaking of
|the matter to-day he said: Il can give no
reasonable explanation of my conviction
THAT the prisoner was not Stewart. simply
laid not believe he was had seen Stewart,
land, though at first, or even at second or
third glance Berdue looked like the outlaw,
there was something about him-his man
|ner, his speech, his gait, or what not-that
did not seem to me to be the same; so
swore that he was not Stewart, though all
|the time was doing it l was expecting that,
hkely as not, something would turn up to
prove that | was mistaken. No two men
lever looked more alike
remember that one witness who knew
Stewart well said that if the prisoner was
the fellow whom they took him for they
would find a long scar on his head well COW
cred by his long hair. He knew that Stew
art had that scar, because he had given him
Inc blow that produced it. Berdues head
was examined, and there was the identical
scar. Another witness identified Berdue as
Stewart by looking at his hands. He said
Stewart had Short stubby fingers, with
very blunt nails, and that there was an
ihdla ink mark on each hand between the
numb and the fore finger. Berdue had the
ane fingers and nails, and there were India
INK marks in the places specified.
"On the other side there were men who
Sswore that the defendant was not Stewart,
because while the resemblance was close
there were certain marks OH Stewart which
IIney could not find on Berdue. | remember
enat one man who swore positively that the
prisoner was not Stewart said that the lat
ter mad big powder mark on his chin on
winch no beard would grow. Perdue was
IOoKed at by several people and at length it
was announced that there were powder
marks on his chin, but that the beard had
wei-nigh concealed Them The witness who
9ad just sworn that the prisoner was not
stewart then took look himself and said
.uat ne believed he had made mistake. On